Plaintiff Says ‘Actual Injury’ From Walgreens Calls Entitle Him to Article III Standing

his Telephone Consumer Protection Act class action Friday (docket 1:23-cv-15376) in U.S. District Court for Northern Illinois in Chicago. Coleman’s cellphone isn’t associated with a business and is used for personal purposes, and his number has been listed on the national do no call registry since February 2005, said his complaint. He estimates receiving at least eight “automated” Walgreens calls between April 19 and July 6, it said. The calls persisted even after Coleman spoke with different Walgreens agents on three occasions asking that the calls stop, it said. Walgreens records phone conversations that take place over Walgreens’ “inbound customer support lines,” it said. The audio recordings will show that Coleman requested numerous times that he be placed on Walgreens’ DNC list, and that Walgreens’ representatives responded that Walgreens would honor the request, it said. Either Walgreens added Coleman to its internal DNC list but continued to call him anyway, or it failed to “properly implement” its internal DNC list “as required by the TCPA’s regulations,” it said. Coleman is entitled to $1,500 per call if Walgreens’ wrongful actions are found to be knowing or willful, it said. He has suffered concrete harm because of Walgreens’ unwanted and unsolicited calls, and his “forms of actual injury are sufficient for Article III standing purposes,” it said.